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(영문) 광주지방법원 목포지원 2018.01.19 2017고단1278
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 100,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a foreigner of Chinese nationality, and is a captain of C(169 tons) who is a promising fishing vessel for permanent shipment in China.

1. A foreigner who violates the Act on the Sovereign Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zones shall obtain permission from the Minister of Oceans and Fisheries for each vessel, whenever he/she intends to conduct fishery activities in an exclusive economic zone other than a specific prohibited zone;

Nevertheless, on October 28, 2017, at around 06:30, the Defendant, without the permission of the Minister of Oceans and Fisheries, opened a lusent fishing gear installed in the above fishing vessel at the parallel of 33∑ 50, N. 124∑ 30, N. 124∑ 30, N. 23∑ 30, N. 124∑ 40, N. 124∑ 40, N. 33∑ 350, N. 124∑ 350, N. 124∑ 35, N. 20, N. 30, N. 30, N. 124∑ 35, N. 124∑ 35, N. 30, N. 1239, N. 200, N. 1239, N. 203∑ 30, N.

2. On November 2, 2017, the Defendant issued a permit for fishery activities issued by the Minister of Oceans and Fisheries of the Republic of Korea to the Republic of Korea on the following grounds: (a) around 07:20 on the 48-nautical miles (North Korea’s 34∑ 02, N. 124∑ 08, N. 128) at the west-do west-do west-do west-do; (b) the Defendant was subject to the control from the police officer affiliated with the Mapo Sea Police Station of the Republic of Korea under the control of the Chinese fishing vessel; (c) the Defendant completed the fishery activities issued by the Minister

Accordingly, the defendant did not use the permit for the above fishery activity, which is an official document.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. The identification pictures, entrance drawings, fishery activity permits, photographs (Evidence No. 24), forwarding results on the survey of the gross tonnage of the Chinese fishing vessel, investigation reports (in relation to comparison of vessel nationality certificates), C vessel documents, respective seizure records, and photographs and investigation reports (control) with the seizures.

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